- 1 - NC: 2025:KHC-D:1899 WP No. 103659 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103659 OF 2016 (GM-CPC) BETWEEN: 1. SHRI. BISTAPPA S/O GUNDDAPPA IDIYAMMANAVAR AGE: 37 YEARS, OCC: AGRICULTURE, R/O: KANCHARGATTI, TQ AND DIST: HAVERI. 2. SMT. RINDAMMA KOM.GUDDAPPA IDIYAMMANAVAR AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O: KANCHARGATTI, TQ AND DIST: HAVERI. 3. SMT. GANGAVVA W/O MALLAPPA GYARAPPANAVAR, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O: HOLAL, TQ: HUVINHADAGALI, DIST: BALLARI. 4. SMT. MANGALA KOM.HANUMATHAPPA BARKI, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: KANCHARGATTI, TQ AND DIST: HAVERI. 5. SMT. SHIALA KOM. GANGAPPA AMBIGEER AGE: 33 YEARS, OCC: HOUSEHOLD WORK, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High court of Karnataka, Dharwad Bench, Dharwad Date: 2025.02.04 15:45:15 +0530 - 2 - NC: 2025:KHC-D:1899 WP No. 103659 of 2016 R/O: TIGARI, TQ: MUNDARAGI, DIST: GADAG. 6. SMT. ROOPA KOM.HANUMATHAPPA MALLADADAVAR, AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/O: BELAGAVI, TQ AND DIST: HAVERI. 7. SMT. SHILPA KOM.RAGHAVENDARA HALLALLI, AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O: CHOUDAYYADANAPURA, TQ: RANEBENNUR, DIST: HAVERI. 8. SMT. DEEPA KOM.DEEPAK HALLALLI, AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O: CHOUDAYYADANAPURA, TQ: RANEBENNUR, DIST: HAVERI. 9. KUMARI BHARATI D/O GUDDAPPA IDIYAMMANAVAR, AGE: 25 YEARS, OCC: HOUSEHOLD WORK, R/O: KANCHARGATTI, TQ: & DIST: HAVERI. …PETITIONERS (BY SRI. N P VIVEKMEHTA,ADVOCATE) AND: 1. SHIVAPPA NINGAPPA IDIYAMMANAVAR AGE: 41 YEARS, OCC: TEACHER, R/O: KANCHARGATTI, TQ & DIST: HAVERI, NOW RESIDING AT PWD QUARTERS, OPPOSITE TO KARNATAKA COLLEGE DHARWAD. 2. SMT. NEELAVVA KOM. NINGAPPA IDIYAMMANAVAR, AGE: 65 YEARS, - 3 - NC: 2025:KHC-D:1899 WP No. 103659 of 2016 OCC: HOUSE HOLD WORK, R/O: KANCHARGATTI, TQ AND DIST: HAVERI. 3. SMT MANJAKKA KOM. CHANDRAPPA HOMBARADI, AGE: 39 YEARS, OCC: HOUSE HOLD WORK, R/O: KANCHARGATTI, TQ AND DIST: HAVERI. 4. SMT. PUSHAPA KOM.GURUNATH BARKERAR, AGE: 37 YEARS, OCC: HOUSEHOLD WORK, R/O: ROTTIGWADA, TQ: KUNDAGOL, DIST: DHARWAD. 5. SMT. VANITA @ DYAMAVVA KOM.SOMANNA BANDIGERI @ BALIKAI, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: HOLAL, TQ: HUVINHDAGALI, DIST: BALLARI. 6. IRANNA S/O NINGAPPA IDIYAMMANAVAR AGE: 33 YEARS, OCC: AGRI. R/O KANCHARGATTI, TQ: HAVERI. 7. SMT. JYOTI KOM.RAJU CHADMALLI AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O: RANEBENNUR DIST: HAVERI. 8. SMT. CHANNAVVA KOM.BHIMAPPA IDIYAMMNAVAR, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O: KANCHARGATTI, TQ and DIST: HAVERI. 9. SMT. REKHA KOM. SHIVAPPA BANGI AGE: 33 YEARS, OCC: HOUSEHOLD WORK, - 4 - NC: 2025:KHC-D:1899 WP No. 103659 of 2016 R/O: HOLAL, TQ: HUVINHADAGALI, DIST: BALLARI. 10. SMT.SUJATA KOM.RAJU BRAKI AGE: 31 YEARS, OCC: HOUSEHOLD WORK, 11. KUMARI SUDHA D/O BHIMAPPA IDIYAMMANAVAR AGE: 29 YEARS, OCC: HOUSEHOLD WORK, 12. FAKKIRESHWAR S/O BHIMAPPA IDIYAMMANAVAR AGE: 21 YEARS, OCC: STUDENT, RESP.NO. 10 TO 12 ARE R/O: KANCHARGATTI, TQ AND DIST: HAVERI. 13. VASANTH S/O PARASAPPA KALASANNAVAR AGE: 44 YEARS, OCC: AGRI 14. SHRI MANJUNATH S/O NINGAPPA SHITHALAD AGE: 42 YEARS, OCC: AGRI 15. SHRI GUDDAPPA S/O LAXMAN CHINDI AGE: 37 YEARS, OCC: AGRI 16. PARAMESHAPPA S/O NAGAPPA KURAVATTIGOUDRA, AGE: 45 YEARS, 17. KARABASAPPA S/O HEMAPPA DAPPER AGE: 51 YEARS, OCC: AGRI, - 5 - NC: 2025:KHC-D:1899 WP No. 103659 of 2016 18. DR. KATARI HOLAYANAYAK S/O REKHANAYAK, AGE: 47 YEARS, OCC: DOCTOR. 19. SMT. DR.USHARANI KATARI H NAYAK AGE: 38 YEARS, OCC: DOCTOR, 20. BASAVARAJ DUNDEPPA HUGAR AGE: 43 YEARS, OCC: COOLIE RESPONDENTS NOS 13 TO 20 ARE RESIDENT OF GUTTAL, TQ: HAVERI. …RESPONDENTS (BY SRI. F V PATIL., ADVOCATE FOR: R8-R12; SRI. SHIVASAI M. PATIL., ADVOCATE FOR R16; NOTICE TO R3-5, R7, R13-15, R17-R20 IS S/D; NOTICE TO R1, R2 & R6 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF COURT OF THE ADDL. SENIOR CIVIL JUDGE HAVERI DATED 02.03.2016 PASSED IN O.S.NO.95/2011 VIDE ANNEXURE-E, BY ALLOWING THIS PETITION AND REJECT I.A.NO.11 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Set aside the order of Court of the Addl. Senior Civil Judge Haveri dated 02.03.2016 passed in - 6 - NC: 2025:KHC-D:1899 WP No. 103659 of 2016 O.S.No.95/2011 vide Annexure-E, by allowing this petition and reject I.A.No.11; ii. Issue any other writ or order direction the Hon’ble Court deems fit in the facts and circumstances case and including cost in the interest of justice and equity. 2. At the outset, learned counsel for the petitioner submits that by inadvertence in the prayer sought for the IA number is mentioned as IA No.11 which has to be read as IA No.10. His submission is accepted. 3. A suit in OS No.95 of 2011 had been filed seeking for partition and separate possession of the suit scheduled property. In the said suit, the petitioner had produced a Partition Deed (Watni Patra) dated 20.5.2003. Defendants No.8 to 12 filed an application under Section 33 and 34 of the Karnataka Stamp Act, 1957 read with Section 151 of the Code of Civil Procedure for impounding of the said document. The trial Court vide its order dated 2.3.2016 allowed the said application. It is - 7 - NC: 2025:KHC-D:1899 WP No. 103659 of 2016 challenging the same, that the petitioners are before this Court seeking for the aforesaid reliefs. 4. The submission of Sri.N.P.Vivekmehta., learned counsel for the Petitioner is that the partition deed was in fact a recordal of the partition which did not require stamping thereon or registration thereof and as such no stamp duty is required to be paid thereon and as such the above petition is required to be allowed. 5. Heard Sri.N.P.Vivekmehta., learned counsel for the petitioner and perused the documents in question. 6. A perusal of the document would indicate that it is under that document a partition has been affected between the parties i.e., to say, the document is not recordal of the earlier partition but is a document under which partition has been affected. When under a document a partition has affected the same is required to be properly stamped and registered. Hence, I pass the following; - 8 - NC: 2025:KHC-D:1899 WP No. 103659 of 2016 ORDER i. The writ petition is dismissed. ii. The trial Court is directed to carryout necessary calculation of the stamp duty payable, pursuant to which the petitioner would be liable to make payment of such stamp duty in the time frame fixed by the trial Court. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 60